To All Living Things
Last Week's Column

Amnesty Action:
Detention of Refugee Children in Australia.
Kathy Gay

his week’s action from Amnesty International is another case from the organization's current Refugee Campaign, "Human Rights Have No Borders," and concerns the treatment accorded refugee children once they arrive in Australia.

As of May of this year, 51 children were reportedly being held in various detention centers throughout the country. Under current Australian law refugee children and their parents who arrive in the country without proper documents must be kept in detention until their status has been determined and a possible claim for asylum assessed. Those who apply for asylum immediately upon arrival may also face detention. In its present form, the law does not allow a review of the individual circumstances of a detained child or adult, and continued detention – after an initial period of determining a person's identify and visa application – cannot be challenged in court.

In a recent – and typical -- case, a 13-year-old Tamil boy from Sri Lanka arrived alone in Sydney without valid travel documents. Prior to leaving his country, the boy had spent some 18 months in various refugee camps, trying to escape the artillary attacks and bombings by armed opposition groups. After losing one son, his parents arranged for him to leave Sri Lanka and go to Australia. Upon arrival, the boy was immediately detained under Australian immigration law and held in the maximum security section of an immigration detention center. Immigration authorities continued to keep him under maximum security while appropriate guardianship arrangements were negotiated. He was not granted refugee status until almost three months after his arrival in Australia.

As part of its Refugee Campaign, Amnesty International is urging immigration authorities in Australia to ensure that no refugee children are detained in contravention of international standards. In addition, the organization recommends that the immigration process include periodic reviews of the continued detention of children seeking refugee protection.

Background Information

Of the 2,854 "boat people" who arrived in Australia between 1989 and June 1997, 763 children and 75 babies born in detention centers spent up to four years behind barbed wire fences, in clear violation of international standards. Although children may be released at the government's discretion, conditions for release are such that hardly any child is eligible. Among all "boat people" detained since 1989 only 1% (or 30 individuals) – and most of them adults -- have been released under these special provisions. Once released, these people are not eligible for income support or social security assistance. In addition, there are no provisions for a parent to be released to take care of a child, even if the child meets all required conditions.

Despite recent reductions in the average length of the asylum determination process – and hence the length of time asylum-seekers spend in detention -- those who appeal against an initial rejection are effectively penalized by prolonged detention and limited contact with the outside world. While some provisions are made for schooling of children, such detention can have a significant impact on a child because it can last for years.

In April 1997 the U.N.-based Human Rights Committee expressed the view that Australia violated provisions on arbitrary detention and the right to have continued detention reviewed in court, as enshrined in the international Covenant on Civil and Political Rights to which Australia is a party.

The 1989 U.N. Convention on the Rights of the Child, which Australia ratified in 1990, states that the imprisonment of a child should be in conformity with the law and should only be used as a measure of last resort and for the shortest period of time. It guarantees the basic rights of all children, without discrimination, ensuring that they live in freedom, dignity and security. It also obliges states to take special care in dealing with the cases of refugee children.

The Australian government is clearly not fulfilling to its obligations regarding refugee children.

How you can help

Please send a letter to Australia's Minister for Immigration and Multicultural Affairs as soon as possible, but no later than December 28, 1997. You may use the sample letter linked below or use it as a model to write your own letter. If you choose to use the sample letter, please cut off or delete all website information at the very top of the letter. If you prefer to write your own letter, please keep in mind that its intent is to improve the human rights situation in Australia. Make sure the letter is politely worded, non-partisan (i.e., not used as a vehicle for political expression) and written with respect for the recipient. Be sure to include both your name and address, as well as the date, on your letter.

U.S. airmail postage to Australia is 60 cents.

Questions?

If you have any questions, just post a message to me (Kathy Gay) on the Activism Board, and I will respond as soon as I can. I greatly appreciate your interest and support.

To see the sample letter for this action, please click here.

__________________________________________________

Kathy Gay is a vegan, and has been a member of Amnesty International since 1987, where she has worked on numerous campaigns. She lives in the San Francisco Bay Area and is a business analyst for a leading California bank.

Kathy's column, To All Living Things, is a regular feature of VegSource On-Line Magazine.